A bid by the European Commission to control the suspension of countries from the EU’s Schengen area has come under attack from member states even before commissioners have formally adopted a proposal. 

The proposal was discussed by the commissioners at their meeting on Tuesday (13 September). The same day, the interior ministers of France, Germany and Spain said that they “do not share the European Commission’s views on assuming responsibility for making decisions on operational measures in the security field”. It is unusual for member states publicly to comment on proposals before they have been adopted by the college of commissioners. After the finalisation of some remaining details, the proposal is being adopted by written procedure, which is expected to be complete tomorrow (16 September).

Under the Commission’s draft revisions of the rules on the Schengen area of borderless travel, any reimposition of border checks lasting more than five days will require a proposal by the Commission and the backing of a weighted majority of member states. This would give the EU the power to suspend Schengen membership.

A diplomat said that many member states would back the suspension of Greece because of its dysfunctional asylum system and its inability to control the land border with Turkey. At the same time, many states oppose giving the Commission the power to seek such a suspension, arguing that this is a matter best left to national governments.

The three interior ministers conceded that the EU needs “a new mechanism” to deal with emergency situations. But they said that the authority to trigger that mechanism ought to remain with member states.

A Commission official said that the proposal was supposed to prevent “unilateral decisions” by member states and to protect the “common interests” of the EU.